All about the trademark warning from Rolex SA by Loschelder Rechtsanwälte
Background to the warning
We have received a warning letter under trademark law from Rolex SA, Rue Francois-Dussaud 3-5-7, 1211 Geneva 26, Switzerland, represented by the law firm Loschelder Rechtsanwälte, Cologne.
The warning is based on the accusation of having imported a counterfeit Rolex watch and accessories into Germany. The person affected in this case is a private individual who ordered a supposed "Rolex watch" and accessories ("Rolex" box, watch box) via a Chinese trading platform. The delivery was stopped by German customs.
The lawyers at Loschelder justify the warning letter with the protection of the ROLEX trademark and the logo (Rolex crown). An examination of the confiscated goods by the customs authorities revealed that they were counterfeits. These would infringe the trademark rights of Rolex SA.
The role of customs authorities in trademark infringements
The suspension of release by customs plays a central role. As soon as there is a suspicion of trademark infringements - such as counterfeit products - customs authorities can temporarily seize the goods. This so-called border seizure serves to protect intellectual property and is an effective means of curbing trademark piracy. In this case, the "Rolex" watch was detained at Cologne/Bonn Airport.
Such a border seizure is usually carried out according to defined processes:
- Suspicious activity report: Customs identifies goods that may be counterfeit, e.g. due to conspicuous packaging or missing proof of authenticity.
- Notification to the trademark owner: The rights holder is informed and can have the goods inspected.
- Examination by the trademark owner: This is where it is determined whether the goods actually infringe intellectual property rights.
- Measures: If a violation is confirmed, the goods will be retained and possibly destroyed.
Claims of Loschelder Attorneys at Law on behalf of Rolex SA
The warning letter from Rolex SA contains extensive claims that may have far-reaching consequences for the recipient. In detail, these include:
- Omission: The warned party is to undertake not to offer, import, export or otherwise place on the market any goods bearing the "Rolex" trademark or the Rolex crown logo in the future. This applies in particular to products that have been placed on the market in the European Economic Area (EEA) without the consent of Rolex SA.
- Provision of information: The recipient of the warning must disclose detailed information about the origin and scope of the traded goods. This also includes information on suppliers and potential customers.
- Consent to destruction: The confiscated goods are to be destroyed at the expense of the warned party. This is a common step to permanently remove counterfeit products from the market.
- Compensation for damages: The person being warned is obliged to pay compensation. The amount is usually calculated on the basis of the economic loss suffered by the Rolex brand.
- Reimbursement of costs: In addition, the costs of Loschelder's lawyers must be borne. These can quickly amount to several thousand euros.
- Submission of a cease-and-desist declaration with penalty clause: This binds the recipient to the claims of Rolex SA for life. Violations may result in severe contractual penalties.
Why private individuals are also affected
It is a common misconception that only companies or commercial traders are affected by trademark warnings. In fact, private individuals can also be targeted by rights holders. Orders placed via platforms such as Wish, AliExpress or other international trading platforms, which often do not have sufficient checking mechanisms, are particularly risky.
Even one-off cases, such as the purchase of a single item, can have considerable consequences.
- Cost risk: High amounts in dispute in trademark law proceedings can mean that even minor infringements can quickly lead to claims in the five-figure range.
- Long-term commitment: Signing a cease-and-desist declaration with penalty clause obliges the recipient to comply with the stipulated requirements for life.
- Loss of reputation: Even for private individuals, the disclosure of such an incident can have unpleasant consequences.
What should I do if I receive a warning from Rolex SA?
- Adhere to deadlines: Respond within the set deadlines. Do not ignore the warning, as this may lead to further legal action.
- Do not take any hasty steps: Under no circumstances should you issue a cease-and-desist declaration without legal advice. Standard texts from cease-and-desist lawyers are often more far-reaching than legally required.
- Seek legal help: An experienced trademark lawyer can check the legality of the claims and, if necessary, defend against or mitigate them.
Why legal assistance makes sense
Our law firm specializes in trademark law and has extensive Experience in dealing with warning letters. We check the legality of the claims, develop negotiation strategies and minimize the cost risk for our clients. Incorrect or ill-considered reactions to a warning letter can exacerbate the situation and lead to unnecessary obligations.
Free initial assessment
Use our Free initial consultation. We will inform you about your options without obligation and work with you to develop a strategy to find the best possible solution.